SINCLAIR OIL CORP. v. REPUBLIC INS. CO.

No. 95-62.

929 P.2d 535 (1997)

SINCLAIR OIL CORPORATION, a Wyoming corporation, Appellant (Plaintiff), v. REPUBLIC INSURANCE COMPANY, a Delaware corporation, Appellee (Defendant). SINCLAIR OIL CORPORATION, a Wyoming corporation, Appellant (Plaintiff), v. ROYAL INSURANCE COMPANY OF AMERICA, a North Carolina corporation, formerly Royal Globe Insurance Company; and Safeguard Insurance Company, a Connecticut corporation, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied January 21, 1997.


Attorney(s) appearing for the Case

John B. "Jack" Speight, Robert T. McCue, and Dominique D.Y. Cone of Hathaway, Speight & Kunz, Cheyenne, Jack E. Stanfield of Smith, Stanfield & Scott, Laramie, Robert N. Sayler of Covington & Burling, Washington, D.C., Brent Manning of Holme, Roberts & Owen, Salt Lake City, UT, for Appellant.

William U. Hill, Attorney General; Mary B. Guthrie, Deputy Attorney General; and Keith Burron, Assistant Attorney General, Cheyenne, for Amicus Curiae State of Wyoming (in support of Appellant).

J. Kent Rutledge and Loyd E. Smith of Lathrop & Rutledge, Cheyenne, Charles K. O'Neill, James C. LaForge, and Timothy M. Hughes of Chadbourne & Parke, New York City, for Appellee Republic Insurance Company.

Thomas A. Nicholas of Hirst & Applegate, Cheyenne, Donald T. McMillan and Christopher A. Crevasse of Rivkin, Radler & Kremer, Santa Rosa, CA, for Appellees Royal Insurance Company of America and Safeguard Insurance Company.

Jon T. Dyre of Crowley, Haughey, Hanson, Toole & Dietrich Billings, MT, for Amicus Curiae Insurance Environmental Litigation Association (in support of Appellees). Of Counsel: Laura A. Foggan, Daniel E. Troy, and Edward J. Grass of Wiley, Rein & Fielding, Washington, D.C.

Gregory C. Dyekman of Dray, Madison & Thomson, P.C., Cheyenne, Edward Zampino and Peter E. Mueller of Harwood Lloyd, Hackensack, NJ, for Amicus Curiae The Aetna Casualty & Surety Company (in support of Appellees).

Before TAYLOR, C.J., THOMAS, GOLDEN and LEHMAN, JJ., and KAUTZ, District Judge.


THOMAS, Justice.

The issues in this case come before the court as certified questions from the United States District Court for the District of Wyoming. The court is called to furnish a definitive legal connotation to phrases in exclusions clauses of commercial insurance policies that preserve coverage for "sudden and accidental" discharges of pollutants. Our study of the problem persuades us that these words are not ambiguous, and as used in these policies, the phrases...

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